Court Rules AOL Not Liable Under the TCPA

June 11, 2015 On June 1, the United States District Court for the Northern District of California dismissed an action filed against AOL, Inc. (“AOL”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The Court ruled that AOL’s Instant Messenger service, which allows users to send text messages, is not an automated telephone […]

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New Jersey Sets Compliance Deadline for Internet Gaming Affiliates

June 11, 2015 Last Thursday, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the “Division” or “NJDGE”), gave Internet gaming affiliates 150 days to ensure compliance with applicable state and federal gambling regulations. Director Rebuck’s advisory bulletin takes particular issue with the marketing and promotion of “illegal” online gaming sites. What

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Non-Compete Clauses: Don’t Make Your Non-Compete Clauses Non-Enforceable

June 10, 2015 Earlier this week, two U.S. Senators, Chris Murphy (D-Conn.) and Al Franken (D-Minn.), announced plans to introduce a bill that would ban companies from asking employees that make less than $15 an hour (or $31,200 annually) to agree to non-compete provisions that would hinder those employees’ efforts at securing subsequent employment. The

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Louisiana Fantasy Sports Bill Threatened

June 3, 2015 According to published reports, Louisiana bill HB 475, which seeks to create a carve out from State gambling laws for fantasy sports games played for money (the “Bill”), may not make it past the State’s Senate Judiciary Committee.  Due to strong opposition and lobbying by the Louisiana Family Forum (which, according to

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Yahoo Brings Fraud Counterclaims in March Madness Sweepstakes Lawsuit

June 2, 2015 On Tuesday of last week, Yahoo! Inc. (“Yahoo”) submitted an updated answer in the ongoing legal proceeding surrounding its botched billion-dollar 2014 March Madness sweepstakes. Yahoo’s recent filing includes new fraud and fraudulent inducement counterclaims against SCA Promotions, Inc. (“SCA”), a prize promotion and risk management company that initiated the lawsuit early

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Florida Enacts New Anti-Piracy Legislation

June 1, 2015 Florida has recently passed a bill to combat online piracy. The law seeks to bring transparency to online business transactions by mandating that websites and online services that publish or transmit “substantial” portions of commercial recordings or audiovisual works, disclose and display certain identifying contact information on their website. The anti-piracy law

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Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry”

May 28, 2015 On Wednesday of this week, the Federal Communications Commission (the “FCC” or “Commission”) announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission’s enforcement of the Telephone Consumer Protection Act (“TCPA”). According to Chairman Wheeler’s announcement and the Commission’s accompanying fact sheet, the FCC

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College Settles FTC Deceptive Advertising Lawsuit

May 28, 2015 This week, the Federal Trade Commission (“FTC”) announced that Professional Career Development Institute, LLC, doing business as Ashworth College, agreed to an $11 million settlement for allegedly engaging in deceptive advertising in violation of the FTC Act. Specifically, in its Complaint, the FTC alleged that Ashworth College misrepresented, among other things, that

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